Is sudden death during overtime considered a work related injury? Is sudden death from overtime cons

Sudden death caused by overtime is a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

This depends on whether sudden death occurs during this working time to be considered a work-related injury.

According to Articles 14 and 15 of the Regulations on Work-related Injury Insurance, work-related injuries refer to injuries suffered during working hours and in the workplace, during work-related absences or on the way to and from work. If an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it can be deemed to be a work-related death or deemed to be a work-related death, and the employee or his close relatives can obtain work-related death benefits.

Everyone knows that our five insurances and one housing fund include work-related injury insurance, so if it is fatal due to high work intensity, it is not considered a work-related injury. Let's take a look at how the regulations on work-related injury insurance are stipulated: Article 15 of the "Regulations on Work-related Injury Insurance" If an employee has one of the following circumstances, it is regarded as a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; We see that there are two prerequisites for the determination of sudden death work-related injuries:

Whether the death within 48 hours of working hours or work is a work-related injury should be judged according to the specific circumstances, even if it is a sudden death caused by overwork, it cannot be directly determined to be a work-related injury.

As we all know, people's physical health is the accumulation of daily habits, if the body can't stand it due to long-term high-intensity problems at work, sudden death is possible at any time. Then the determination of work-related injuries will also be confusing.

But in fact, sudden death is mostly due to sudden death caused by heart problems, such as myocardial infarction, myocarditis, or non-cardiac sudden death, such as cerebral hemorrhage, pulmonary infarction, acute pancreatitis, bronchial asthma, etc., so sudden death is a disease death and is not covered by accident insurance.

Now that the contract has been written, there is no way to change our subjective perception. Therefore, accident insurance does not cover sudden death.

If it is a sudden death from overtime during this normal working hours, the company must be responsible.

Sudden death from overtime is considered a work-related injury. From a legal point of view, the company has the legal responsibility and obligation to protect the life, health and safety of employees, to provide employees with a healthy, in line with national standards of working environment and equipment, for the work needs of employees to perform normal overtime, should pay statutory wages.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The unit shall pay the inpatient meal subsidy according to 70% of the standard of the meal subsidy standard for business trips of the unit. If an injured employee seeks medical treatment outside the suspected closed-book co-ordination area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for the employee's business trip.

If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the original employer on a monthly basis.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**. The living care expenses are paid according to three different levels: being completely unable to take care of oneself, being unable to take care of oneself for most of one's life, or being unable to take care of oneself by one's own living parts.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

(2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

(3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

Qiqinhong) other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Sudden death from overtime work is of course considered a work-related injury. However, the premise is that the death from a sudden illness at work or death within 48 hours of onset of illness is difficult to determine if it is not a work injury or death occurs within 48 hours (such as 49 hours).

This is because the term "deemed work-related injury" is an expansion of the understanding of traditional work-related injuries (accidents caused by accidents caused by working hours, places, and work-related reasons), and the expression "deemed work-related injuries" itself takes into account the right to take care of the workers on the disadvantaged side. Therefore, it is not possible to arbitrarily expand the scope of work-related injuries under the premise that the employee has already taken care of himself.

Of course, in a similar situation where you do not die at work, since of course you usually work a lot of overtime and do not give the employee enough rest time, then of course there is a fault, and you can take the route of tort.

"Sudden death caused by overtime is a work-related injury." If the employer arranges for the employee to work overtime or work at night after work, and at the same time arranges a break, if the employee dies of a sudden illness at this time, it is likely to be recognized as a work-related injury. ”

Hello! Of course, this is a work injury, and the company will be unlucky if it dies suddenly in overtime.

If the employee dies because of factors such as excessive overtime, it can be counted as a work-related injury, but if the employee's death is related to his or her own work and rest habits, it cannot be counted as a work-related injury. How much the company compensates for sudden overtime death shall be compensated in accordance with the standards prescribed by law, funeral allowance, pension for dependent relatives and one-time work-related death allowance

1.The funeral subsidy shall be paid according to the average monthly salary of employees in the overall area for 6 months in the previous year;

2.The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary;

3.The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

As long as there is evidence to prove that it occurred during overtime hours, in the workplace where overtime was overworked, and the sudden death occurred within 48 hours, it is also a work-related death. Therefore, it is important to pay attention to collecting relevant evidence and keeping it well. Only when there is evidence can you better assert your rights and interests.

Belong. Sudden death caused by overtime work is a work-related injury. If the employer arranges for the employee to work again after work, or to work at night, and at the same time arranges a break, if the employee dies of a sudden illness at this time, it is likely to be recognized as a work-related injury.

According to Article 15 of the "Work-related Injury Insurance Law", if an employee dies of sudden illness during working hours and at work, or dies within 48 hours of being rescued by Qingque, it will be regarded as a work-related injury.

If it is a sudden death due to overtime at work, it is generally a work-related injury. If an employee dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury. The immediate family members of the unit or the employee may apply for a work-related injury determination in accordance with the law.

Legal basis

Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

(2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

Article 15. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal analysis: If the employer arranges for the employee to work overtime or work at night after work, and at the same time arranges a break, if the employee dies of a sudden illness at this time, it is likely to be recognized as a work-related injury. This is because the employee is in a state of break, or "non-productive working hours on standby", which also falls under the concept of "working hours".

The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. The provisions of work-related injury insurance laws and international labor conventions on the scope of work-related injuries in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model, and mixed legislative model.

Work-related injury insurance shall be deposited into the special financial account of social security, and shall be used for the payment of work-related injury insurance benefits, labor ability appraisal, publicity and training for work-related injury prevention as stipulated in these Regulations, as well as other expenses for work-related injury insurance as stipulated by laws and regulations.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

There have been a lot of similar cases recently, for example, the case of sudden death of a doctor at home in Hubei, the case of sudden death written by a judge at home, etc., have been recognized as work-related injuries, but the case of sudden death of a teacher correcting homework at home has not been recognized as a work-related injury, you can check it in detail.

Well, I understand the situation as follows:

According to Article 15, Paragraph 1 of the Regulations on Work-related Injury Insurance, if an employee dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it is regarded as a work-related injury. Article 15 of the Regulations on Work-related Injury Insurance replaces "workplace" with "workplace" on the basis of Article 14, which is itself a further expansion of the scope of the workplace; Interpreting "workplace" to include overtime work from home is a normal interpretation of the law, not an expanded interpretation.

Therefore, whether it can be recognized as a work-related injury requires a careful understanding of the specific situation to see if it complies with the law.

Above, I hope it will help you.

Can be counted" can be counted. From a legal point of view, the company has the legal responsibility and obligation to protect the life, health and safety of employees, to provide employees with a healthy, in line with national standards of working environment and equipment, for the work needs of employees to perform normal overtime, should pay statutory wages.